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tv   [untitled]    August 10, 2012 3:00pm-3:30pm PDT

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other than the first sentence and the last sentence, i would be inclined to sustain the objection. any dissenting view from my fellow commissioners? >> may i speak briefly? whatever the commission's ruling on this, if the testimony of mrs. lopez thosdoes prove she hd stated all of this, i would like to be able to revisit this after her testimony. >> in other words, in order to be able to establish foundation for her knowledge of these matters. it is the direct, -- it is redirect, so we will see. the objection will be sustained starting with line 5. her words through the custody of
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theo on line 16. otherwise, overruled. i do not think there are any other objections to ms.7"ntn4 f i understand the stipulations correctly. >> there is one. >> did i miss one? >> 28. qn7fxnwz>> sorry, i did miss ab. >> this is a different issue. >> we do believe that one phrase can go out. the reason i think the remainder of this paragraph should be admitted is because the opinion of the domestic violence experts is that sheriff mirkarimi has the
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characteristics of an unreformed adapter error -- batterer. i have a pretty good sense to the commission is going to accept a majority of it, and if it does, it would support the testimony. >> given there has been an order since february, i do not see a foundation to offer opinions about a 10th to be a better parent orange and not -- opinions about being a better. it is mostly argumentative and
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seems to lack foundation. >> i would be inclined to overrule the objection. any dissenting point of view sonoms? that objection is overruled. w?d7tslet me remind you youl under oath. >> hi, welcome back.
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i am just going to spend 30 seconds to slip this together, so i will be as speedy cross examiner. i know that is what you all like. >> i will hold you to that. >> i was in the middle of questioning, and permission to go back over some sheets to cover where we were. >> i was following along closely, and i feel like i know where we are. rewind one question, and let's go forward. >> i believe my last question was along the lines ofke3egpñ du
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help -- is this working beaumont -- is this working amont? ykh thank you. i believe my last question was along the lines of did you help drive the e-mails she sent out for caught 14 and at 4:16? >> no, i did not -- she said at 4:14 and at 4:16? >> no, i did not. ása thing these revl is at 5:27, and it lasts four minutes. the you have any recollection about what that is about? >> no, i do not.
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>> it would be over at 5:31. five minutes later mrs. lopez e- mails mrs. madison and says, i am so sorry. does that jog your recollection about what your phone call was about? >> no. >> the new draft that e-mailed? >> no, i did not -- did you drive that e-mailed? >> no, i did not. >> at 6:41, you call miss lopez again, and the call lasts five minutes, so maybe until 6:46, and half an hour later, ms. lopez e-mailed miss williams, and she said, all i told you today was confidential. it was too dramatic. with anything about that 7:13
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p.m. e-mail the subject of the phone call? >> it was not. >> the remember what that phone call was about? >> no, i do not. >> at 7:23, and you call ms. lopez, but i am assuming that is a missed connection or maybe a message. >> a drop call maybe. >> she calls you back, and a call last for 11 minutes. do you know what that call is about thomas -- what that call is about? >> i do not. >> that call ends at 7:39 and at 7:47 miss lopez e-mails
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kellie williams and says, do not talk to the police if they ask you. as bad jog your recollection of any portion of the phone call at 7:28? >> no. >> did she ever tell you she was going to send an e-mail like that to ms. williams? >> no. >> the view held draft that the amount? >> no. -- did you help draft that e- maile? >> no. >> commissioner, is it a recording devices? >> is it also of recording devices? you told me it was earlier.
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>> counsel, let's not engage. >> the citizen said to oppose this plan was a recording device. -- the citizen said to us this pen was a recording device. >> i am talking to the council. if you could just give us a moment. can the shareiff look at the pen? let's proceed, counsel. thank you, ma'am. sorry for the inconvenience. >> if i may just point out, i do not know if the full commission is aware because the correspondents in not go to the full commission, but there was a
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community member who surreptitiously sofilmed my texting during a meeting, and it was attorney-client privilege. that is one reason we are upset. >> may i say something? >> we are done with this topic. i understand your concern, but let's focus on what we are here for. >> your declaration mentione- your testimony and your declaration said that you talked to ms. lopez on the morning or early on the day on the 14th. stç4q.aare you surprised to ses
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large number of phone calls on the fourth? >> you have any recollection of the content of any of the calls the on the first two region beyond the first two? >>jpk support. she called me and looked to me as support. i wanted to be there to support her through whatever she was going through. but i wanted to check in with her. she was very upset. >> you called her to offer emotional support 5:38 repeatedly zero of the day. >> especially when she calls me and wants me to call her back.
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the support does not just end as soon as the phone call is over, especially when she wants to keep talking to you. >> i agree, that is important and an act of friendship, but i was asking you about the number of phone calls because you only reference two. >> objection. >> sustained. >> i will move on. >> here is another call we have not discussed before and during your this one is at 5:38 -- we have not discussed before. this one is at 5:38, and it lasts five-. it comes shortly after the final e-mailed. i clicked all of my papers
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together, and it was going to be great. this comes after the final e- mail ms. lopez wrote to ivory madison. i am just about to establish the time. there we go. you have spoken to her at 5:27 for 4 minutes. she e-mails that last e-mail, i am so sorry you misunderstood everything, and that is the last e-mail in the record of exhibit 834 communications -- exit 80f 3or -- exhibit 83 for communications, and shortly after you called for 5 minutes. you have any recollection of that? >> no, i do not. >> you remember ms. lopez â&zãºg ms. mattison, that she
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understood everything? >> no. >> sorry. power point would have been so much better, so from 5 car 48 you talked for five minutes. -- 5:48 you talk for five minutes. that brings us to 5:43. this was supposed to be 5:43 untilñ"-" there were several attempts by you to call share of mirkarimi -- sheriff mirkarimi, and you texted, call me. you know what you wanted him to
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call at that point? >> i do not recall. most likely i was checking in to see if they were ok. >> to the best of your recollection you were trying to provide support? thwacks and to make sure they were connected. new -- >> to make sure they were connected. >> at 5:51, you may recognize this from the paper, eliana texts, you have to call hennessy and stop this before something happens. ivory is giving the investigators everything. use your power. from that phone call you have, did you know that lopez was going to text the sheriff? >> absolutely not.
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>> she did not tell you about planned communications? >> absolutely not. she was forming? >> she only shared her emotions? >> that is correct. >> after that text, there is a series of back-and-forth between you and mrs. lopez, and at 5:57, you talked to ms. lopez again for seven-. you recommend -- to you recollect now the purpose of that call? >> i do not. ñ she suggested calling mike hennessey? >> she did not.
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>> in the middle of that phone t a response, i cannot and neither can he. you have to reject the actions. we both do. i cannot involve new people. did she tell you about getting that text? . >> the you know what it meant -- did you know what it meant? >> that is speculation. >> i am asking. >> i did not. >> ok, so that comes in at 5:51.
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no, that is wrong. i apologize. that comes in at 6:01 in the middle of a phone call you are having with lopez the glass until 6:00 for -- that lasts until 6:04, so you hang up and then call sheriff mirkarimi. you know what that is about? >> i do not recall. eheriff, and says, do not write any other thing. answer the call. she has advised now. you know what that is about? >> i do not know what that is about. >> what advice did you have? >> the only advice i had is that they both needed to get attorney's separately. >> did you tell her to stop
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writing texts? >> i did not. >> did you tell her to tell the things? >> i did not know. >> how did she know to call buckthe sheriff? >> i do not know. >> the device was just for legal counsel? apraxias. 57 6:06, she makes another suggestion to her husband. you should not be in a public space and go to sleep with pat. the know who that is? >> i do not know. the only thing i can think of is his relative named patricia. >> did you give any advice he should not be in public and should not sleep at home?
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>> i did not. >> you are passed your first estimate and your second estimate. >> i am doing my best. >> if there is something you would save 4 last, get there. >> i am there. moving off of january 4. here are some texts for exhibit 81, and you can see this is from january 8 at 12:00, and you write, what is the salary range of staff? back to the priorip the next one says, i still need
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to send you the resume of someone that would be good. we were too busy before. do you know what that refers to? >> i was pregnant and getting ready for my baby boy that i have now. that is probably what this was. >> 5 was not a reference to this activity on january 4? >> no. >> you still feel confident after the scandal erupts around january 4 that you can still make objections about the chief of staff? >>e good >> overruled. >> if i have good people to refer, i would refer them. >> here is my last exhibit.
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this is also from exhibit 81. it is a little further along. it saysh/õuw text from you to se of mirkarimi. it is on january 12 at 9:42 p.m., and it is very lengthy. i wanted to put it in so the context is there, although what i really want to focus on is the last part. do you want to read this first? >> you have a copy? i can look at it.
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>> ok. can i have it while you are asking questions? >> i need the last one for the overhead. make sure you have a copy. you have to flip around for it. can you see that quickly? >> i can see this. >> i just want to start at the very end. can you read that for me from then answered now? >> why don't you start from the beginning so is ni context. >> i want to start from the and. >> remember when time passes, i
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cannot express how disappointed we are with her. this will pass. stay strong. we are with you. >> who is a beverly? >> beverly ofupton. >> what are you disappointed with her about? >> she has been a friend and someone i have worked with, and i have always supported her. i have put myself out there, and i respected her. i was disappointed w there was not an investigation about domestic violence, get people were doing rallies before the investigation came out, so
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that was my disappointment, and i have heard from the community that we care so much about eliana, and i was shocked there was a rally, and she was walking into city hall and they did not know who she not get the center of these conversations, and that is what i meant by that. >> by january 12, hadn't eliana already told you her husband had injured+p >> she said he bruised her arm, but he was not what they were making him out to be. >> in your mind on january 12 he was an insurer but not a batterer? >> objection. >> sustained. b
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the fact that it was not the same thing as domestic violence? >> objection, relevance. >> you can answer about one. gooaxe no one should ever lay hs on anyone, and people should be accountable for what they do. my problem is there was not an investigation for what was happening. zkqwrwóthere was an investigato e8r this? eliana is letting me know people are not trying to figure out what happened, and instead, the media is coming out with h lies every other day, and i know this secos
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-- because eliana told me her story, and i remember. good why was she calling me and wanted to talk and tell her story? if with domestic violence you have said, isn't it true when someone is in with a domestic violence relationship, but when they want to leave, more violence can happen. that is usually if a batterer is going to hurt a person, it is when the person leaves 5 per cent. i had a real problem -- is when that person leaves. i have a problem trying to hear what was in the media, and they are talking about domestic violence and leaking information about the case. if they really cared about eliana and theo and they were
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really in a situation of extreme abuse, then all the leaks they put out there, they could have been killed, and i was disappointed by how the domestic violence department handled alive. if she was a woman in that situation, she could have seen her. --been hurt. thank god she wasn't. >> why were you disappointed in beverly about how eliana would have been in more danger? >> you have not answered that question. sustained. >> on wrote, innocence beforex]m
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did you know when you wrote that committed domestic violence against his wife? >> objection, relevance. >> she has said she knew about the bruising of the arm on january 1, so we know she knew it at the time of this e-mailf is that is what you are trying to get at. >> as long as you know that. did the sheriff' ever admit to you that he injured his wife? >> he did. >> when did he do that? >> i think that day when i had to call him because eliana asked him to. he was ashamedól88çf it, and he felt it was wrong


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